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Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

13.7 Audit and determination of accounts by the commissioner(s)

Copies of any documentation submitted to the commissioner for audit and determination should be uploaded to the relevant account on BASYS.

When there is more than one commissioner the determination requires to be approved by all commissioners.

The fixing of remuneration and approval of outlays is a matter for the commissioners, however, it is expected that the commissioner(s) will follow any guidance issued by AiB in respect of the audit and determination of accounts.

The commissioner must issue a determination fixing the fees and outlays of the trustee within six weeks of the end of the accounting period.

When it is not possible for a commissioner to determine the accounts within the statutory period, for reasons which are the commissioner’s responsibility, they may cure a defect in procedure by making an application under section 212 to the Accountant. See section 18.3 of these Notes.

Upon receipt a copy of the determination should be uploaded to the relevant account on BASYS.

A determination by the commissioner(s) is subject to appeal rights in the first instance to the Accountant and in the second instance to the sheriff.

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